Legal Question in Civil Rights Law in Wisconsin

I work for a non profit nursing home. Regular flu shots are mandatory. If any employee does not receive one by Oct. 14th, that person will be terminated. My question is, is that legal in Wisconsin? Can I be forced to have a foreign substance injected into my body or be fired?


Asked on 9/15/09, 5:33 pm

1 Answer from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

In the age of the new H1N1 flu, this is becoming a more heated issue, especially if you have direct contact with patients and if the employer can aruge that they are instituting the policy to maintain a safe and healthy work place. Your question is directed more to the area of employment law rather than civil rights law. I would suggest your consulting with an employment lawyer. I would probably also contact your local Equal Rights Division office or Equal Employment Opportunity Commission office to see what their take is on this issue, as I assume that this is becoming a more common employer-related request of employees. If an employee has a documented allergy or other medical condition which prevents them from having the flu shot, I am not sure how the employer is required to respond.

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Answered on 9/21/09, 1:36 pm


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